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Congressional Record—Senate S 3263 February 28, 1995 CONGRESSIONAL RECORD Ð SENATE S 3263 ``Senator Brown is correct that there has not been President Clinton's deficit reduction Mr. HATCH. Mr. President, with that a significant amount of litigation in the states in- terpreting their balanced budget provisions, and plan which cut the deficit by $500 bil- understanding I now move to table the that this is a factor that weighs against the argu- lion over 5 years. I might add we made following amendments and motion and ment that there would be an avalanche of litigation that very difficult decision without a ask for the yeas and nays: The Kennedy under a federal balanced budget amendment.'' single Republican vote. But more needs amendment No. 267, Nunn amendment Mr. HATCH. I yield 5 minutes to the to be done, and if this amendment No. 299, Levin amendment No. 273, distinguished Senator from Louisiana. passes there will be many more and dif- Levin amendment No. 310, Levin Mr. BREAUX. I thank the Senator ficult decisions to make. It will not be amendment No. 311, Pryor amendment for yielding his time. easy. No. 307, Byrd amendment No. 252, Byrd Mr. President, my colleagues, amend- I cannot vote to kill this effort amendment No. 254, Byrd amendment ments to the Constitution cannot be today, here in Washington. Our States No. 255, Byrd amendment No. 253, Byrd passed by the Congress alone. It is a must be involved. They should have the amendment No. 258, Kerry motion to partnership arrangement. The process right to bring this measure up in our commit to budget committee. must also include ratification by the State legislatures, debate it, and then The Nunn amendment is as modified. various States. Three-fourths of the have the right and indeed the obliga- The PRESIDING OFFICER. Is there States, 38 States, must also join with tion to vote on it. For me to vote no objection? the Congress in ratifying any proposed here in Washington is to say to my Mr. HATCH. Excuse meÐthat is amendment to the Constitution before State of Louisiana, and the other it comes part of the Constitution. States, that I know so much more than right. I withdraw that last statement. In order for me to justify not even you on this particular issue that I now Just the amendments I read the num- voting to send this proposal to my vote no so that you cannot vote at all. bers for. State of Louisiana and the various I will not do that. So today I will vote The PRESIDING OFFICER. Without other States for them to debate and to yes on the balanced budget amendment objection, it is so ordered. vote on this measure, I must be con- and send it to the States for ratifica- Is there a sufficient second? vinced that on its face this amendment tion and consideration. There is a sufficient second. is such bad public policy that it must I yield the floor. The yeas and nays were ordered. die here in Washington. Is this amend- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ment perfect? No, it certainly is not. ator from Utah. ator from Utah. Its faults are many and they raise seri- f Mr. HATCH. Mr. President, I want to ous concerns in a number of areas. personally chat with the distinguished No. 1, can unelected Federal judges UNANIMOUS-CONSENT AGREEMENT Senators from Georgia and Louisiana. I who are appointed for life raise taxes Mr. HATCH. Mr. President, I ask have listened to their comments care- and cut programs to enforce this meas- unanimous consent that it be in order fully and will agree that we would take ure? The Nunn and Johnston amend- for me to move to table the following the amendment of the distinguished ments address this particular question. amendments en bloc, and the ordering Senator from Georgia, as modifiedÐ I understand that there are those this of the yeas and nays be in order, with hopefully by a voice vote. It will save morning who are willing to correct it one show of seconds. us all time but nevertheless to accom- with the adoption of the Nunn amend- The PRESIDING OFFICER. Is there modate the distinguished Senator. And ment which would go a long ways to objection? hope that would, of course, allow us to correcting this very serious problem. Mr. BYRD. addressed the Chair. proceed from there. The question of how can the States The PRESIDING OFFICER. The Sen- Mr. NUNN. I thank my friend from cast an intelligent vote on ratification ator from West Virginia Utah and my friend from Illinois, and without having the right to know in Mr. BYRD. Mr. President, I ask the also Senator CRAIG and Senator LOTT advance, for instance what will happen Senator to clarify his request to make and others who have worked hard mak- to them if it is ratified, is a very seri- sure that the request does not include ous concern that needs further debate ing this amendment acceptable. the tabling of several amendments list- The Senator from Washington State, and consideration. Are programs, such ed en bloc. Senator DORGAN, and I have had some as those that have trust funds as a Mr. HATCH. As I understand it, what conversations also. Some of the lan- means of funding programs, like the we are trying to do is make sure the guage in this amendment now as is Social Security Program, in danger of motions to table on each of these modified has been suggested by the being cut under this amendment? amendments will be in place. They can There needs to be further discussion be called up separately. Senator from Washington. and further debate on that particular I modify my unanimous-consent re- Mr. President, I think this is enor- issue. quest to make that clear. mously important, as I said. I will not The answers to these questions are Mr. LEAHY. Reserving the right to repeat my remarks but I appreciate the not clear and more debate, not less, object, then, now that the unanimous fact that the managers of the bill have must occur. It is an issue that has gen- consent has been modified, will the agreed to accept this amendment or to erated a great deal of justified emo- Chair restate it, please? recommend its acceptance to the Sen- tion. National polls and polls of my The PRESIDING OFFICER. It is the ate. I urge my colleagues to vote for State of Louisiana indicate that ap- Chair's understanding that the Senator the amendment. Assuming as I do as- proximately 75 percent of American has requested to move to table each in- sume that the amendment will be part people support a balanced budget dividual amendment en bloc, and to of this constitutional amendment, then amendment. But the polls also indi- order the yeas and nays en bloc, but I will vote for the final passage on the cate, at the same time, that they do that the votes would actually be taken constitutional amendment and I urge not support the balanced budget individually. Is that correct? my colleagues to join in that effort. amendment if it means that there will Mr. HATCH. That is correct. I now The PRESIDING OFFICER. The Sen- be cuts in Social Security, or there will move to table the following amend- ator from South Dakota. be cuts in Medicare, or there are likely ments. Mr. DASCHLE. Mr. President, there to be cuts in some other favorite pro- Mr. LEAHY. I am still reserving my are a number of Senators who have ex- gram of our constituents. right to object. pressed concerns about a voice vote on I voted for a balanced budget amend- Mr. HATCH. Sure. this amendment. Given the fact that it ment to the Constitution in the past as Mr. LEAHY. Those votes would occur has been the subject of debate and peo- I believe the long-term debt of our Na- beginning this afternoon, is that cor- ple are on record on this amendment tion is a critical problem that, so far, rect? during the course of the last several we have been giving to our children The PRESIDING OFFICER. It is the weeks of debate, I suggest that we have and to our grandchildren. We have Chair's understanding that they would a rollcall, just to provide Senators the made good efforts on reducing the defi- take place this afternoon. opportunity to express themselves on cits, as we have in 1993 in adopting Mr. LEAHY. I have no objection. this amendment. S 3264 CONGRESSIONAL RECORD Ð SENATE February 28, 1995 But that is consistent with the unan- we would protect the future of the So- amendment by Mr. NUNN will effec- imous-consent request. I urge we do cial Security system in this country. tively bar the courts from intervening that. We can protect it in this constitutional in cases or controversies that will arise At this time I yield 7 minutes to the amendment to balance the budget. It is outside this or even inside the article. distinguished Senator from North Da- our decision. The will of the Senate Let us read the amendment. The ``judi- kota. will be expressed to determine whether cial power of the United States.'' Mr. Mr. DORGAN. Mr. President, I thank we do that or do not. I am told that it President, that language does not ap- the Senator from South Dakota for is not possible to protect Social Secu- pear to say anything about the State yielding the time.
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